The Order In Which The Actions Take Place With Emissions Quotas And Are Created By Pooling

Original Language Title: Kārtība, kādā notiek darbības ar emisijas kvotām un tiek veidoti iekārtu kopfondi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/92039

Cabinet of Ministers Regulations No. 661 in Riga on august 3, 2004 (Mon. No 46 79) the order in which the actions take place with emissions quotas and are created by pooling Issued in accordance with the law "on pollution" in article 19.3, ninth subparagraph of article 32.3 and article 32.5 of the first and the seventh part i. General provisions 1 the questions determines: 1.1. procedures for the grant, transfer, transmit, store, replaces and supersedes the emission quotas;
1.2. the procedure and the period within which the Latvian Environment Agency puts emissions corresponding to the equipment issued to the amount of greenhouse gases in the preceding calendar year;
1.3. the procedure and the period within which the Latvian Environment Agency shall submit an application for pooling;
1.4. the order in which form the pooling. II. Emission quota allocation and storage 2. Ministry of environment allowances granted to the operator who received the greenhouse gas emissions permit (permit), and the pooling of the operator notified the person (hereinafter referred to as the authorised person). 3. the Operator who received authorization by the Ministry of the environment decision on emissions quotas law "on pollution" (hereinafter the law) the period referred to in article 24 or in the permit issued to the amended due to changes in the existing polluting activities, the Ministry of environment assigned emissions quotas in two weeks time after issue of a permit or permit amendment. 4. The decision on the allocation of additional emission of the Ministry of the environment takes two weeks after the European Commission approved an additional allocation of emission allowances. 5. the decision on the allocation of emission allowances authorized party the Ministry of the environment adopted within two weeks after receipt of the decision of the European Commission for the creation of pooling application approval. Allocating emission allowances to the person authorised by the Ministry of the environment, ensure that the following allowances are not assigned for each pooling involves the operator alone. 6. If the existing polluting activities is the change which is amended pooling operator involved in the permit, or if the pooling operator involved in a new permit is issued, the Ministry of the environment during the two weeks after the amendment concerned or the issue of a new adopt a new decision on the allocation of emission allowances authorized party. 7. the decision on the allocation of allowances the total quantity allocated emissions quotas for the period and their distribution over the years. The decision on the allocation of allowances referred to in article 24 of the law the period indicates the total quantity of emission allowances, which in Latvia will be granted during that period. 8. the total quantity of allowances and the quantity of allowances determined in accordance with the operator, the European Commission approved emissions allocation plans and European Union laws and emissions trading. The quantity of emission allowances notified the person determines the sum of all the joint pooling equipment emissions quotas. 9. A copy of the decision on the allocation of allowances and to the additional emission quota allocation for the Ministry of the environment in writing and electronically send the Latvian Environment Agency. Ministry of the environment shall send a notification to the European Commission for emission allowances and additional emission allowance allocation. 10. the emission quota accounts accumulated greenhouse gas emission unit register (hereinafter register of emissions). 11. The Latvian Environment Agency opens an account in the register of emissions: 11.1. operator-after receipt of authorisation;
11.2. the notified person – by pooling;
11.3. a natural or legal person, upon receipt of the application. The application shall include at least two natural persons can handle account (hereinafter referred to as the trustee). Each notified contact point first name, last name, ID number, address, telephone and fax numbers, and e-mail address. 12. the register of Emissions have separate accounts for emissions quotas granted to the operator and the trustee, and the emissions quotas, which transferred to the natural or legal person. 13. Rules 3, 4, 5 and 6 in the cases referred to in paragraph assigned emissions quotas for the current year including the Latvian environment agency operator or authorised account within seven days after the decision on the allocation of allowances, but not earlier than the current year's February 28, and not later than for the year on December 24. III. Emission allowance transfer, transfer, substitution and cancellation 14. Allowances transferred, voided and transferred after the emission quota or of the owner of the contact request. The request shall be submitted electronically in the form of emissions registry website on the internet. 15. emission quota holder may transfer allowances to another natural or legal person that has a bank account in any country of the European Union or another country's emissions registry, if the State concerned with the European Union has concluded an agreement on mutual recognition of allowances. The Latvian Environment Agency provides the following emission allowance transfer. 16. Starting in 2006, each year, to 30 April: 16.1. the operator shall transfer to the Latvian Environment Agency emission quotas that match the equipment issued to the amount of greenhouse gases in the preceding calendar year;
16.2. the authorised person shall transfer to the Latvian Environment Agency emission allowances corresponding to the pooling of equipment issued to the joint greenhouse gas quantity in the previous calendar year. 17. The Latvian Environment Agency five months after each article of law 24.1 fifth period referred to in paragraph 3 shall be replaced by the beginning of the current period valid emission quotas in the previous period-valid emission quotas, which are at the disposal of the person, but is void under article 32.3 of the fourth part. IV. the pooling of building 18. Pooling can create operators: 18.1. take one type of polluting operation referred to in annex 2 of the Act;

18.2. have received permission. 19. operators wishing to create a pooling, in writing and electronically submit to the Latvian Environment Agency application for pooling () and operator selected authorized consent. If pooling is to build this in article 24.1 of the Act for the first period or the first and second period, the application shall be submitted before 1 November 2004. If pooling is to build this in article 24.1 of the law for the second period, the application shall be submitted by 1 September 2007. 20. If operators do not have duly completed this provision the application referred to in paragraph 19, the Latvian Environment Agency within seven days from the receipt of the application in writing to the operators of the additional information required. On the date of acceptance of the application, be considered as a day when the operators submitted completely filled application. 21. If any of the operators do not comply with the provisions of paragraph 18 of the said requirements or the Latvian Environment Agency can justify that the operator selected authorised person will not be able to meet the law under article 32.5 of the authorised person, the duties of the Latvian Environment Agency shall adopt a decision on the refusal of the pooling. That decision the Latvian Environment Agency accepts only after operators give no less than seven days to give its written explanation and clarification provided by the operators. 22. If the Latvian Environment Agency supports pooling, its application within seven days of its adoption, to the European Commission for approval, and notify the operators and authorized person. 23. the European Commission decision of the Latvian Environment Agency notified operators and authorized person within five days of receiving it. 24. If the European Commission puts forward conditions for the approval of applications, operators clarifies the application and resubmit it to the Latvian Environment Agency or refuse from pooling and notify the Latvian Environment Agency. 25. the pooling is created with the moment when the Latvian Environment Agency shall notify the operator in the European Commission's decision on the application for approval. 26. The authorised person each year to 30 April the Latvian Environment Agency submitted a report on the joint pooling facility greenhouse gas emissions for the previous calendar year, distinguishing each pooling joined equipment quantity of greenhouse gases emitted. 27. in order to change the authorized person, the operator that transmits pooling, in writing and electronically submit to the Latvian Environment Agency repeated application of pooling and justification of the authorised person. 28. The Latvian Environment Agency based on this provision, the application referred to in article 27 and of the authorised person of the reasons for the change, prepares and sends a notification to the European Commission for authorised persons. A copy of the notification to the Latvian Environment Agency in writing and electronically send the operators replaced the new trustee, trustee and the Environment Ministry. 29. the Ministry of the environment, on the basis of the notification of change of the authorised person, shall amend the decision on the allocation of emission allowances notified the person typing in the data for the new decision of the authorised persons, but does not change the decision. Change the authorised account existing emission quotas authorised account transfer, on the basis of mutual agreement. 30. to unsubscribe from pooling, the operator in writing and electronically submit to the Latvian Environment Agency application for withdrawal from pooling. The application shall be submitted to the current December 31. 31. The Latvian Environment Agency based on the operator's application for withdrawal from the pooling, prepares and sends a notification to the European Commission about the changes in pooling. A copy of the notification to the Latvian Environment Agency in writing and electronically sent to the operator, the trustee and the Environment Ministry. 32. The Ministry of the environment, based on the statement of changes in pooling, adopted a decision on the allocation of allowances to the operator, who excluded from pooling. In adopting that decision, the Ministry of the environment, to further ensure the trustee does not grant allowances for the operator who is excluded from pooling. 33. The person entitled to the current year's April 30 handed the Latvian Environment Agency emission quotas that match the equipment issued to the amount of greenhouse gases in the year after the operator has submitted an application for withdrawal from pooling. Authorised account existing emission quotas, on the basis of mutual agreement, shall be transferred to the operator's account, which excluded from pooling. 34. in order to eliminate the pooling, operators, which gathers together pooling, in writing and electronically submit to the Latvian Environment Agency application for winding up the pooling. 35. The Latvian Environment Agency based on the application, the operator shall prepare and send a notification to the European Commission for the liquidation of the pooling. A copy of the notification to the Latvian Environment Agency in writing and electronically sent to the operators, the trustee and the Environment Ministry. 36. The Ministry of the environment, on the basis of the notice of liquidation of pooling, shall decide on the allocation of emission allowances to operators by pooling the salvage and emission allowance allocation of trustee not by pooling the salvage. Authorised account existing emission quota transfer operator accounts based on mutual agreement. 37. Rule 29, 32 and 36 of that decision, the Ministry of the environment adopted within two weeks after receipt of the communication. 38. decisions related to pooling, is available to the public the Latvian Environment Agency website on the internet. V. closing question 39. Regulations shall enter into force by 1 September 2004. Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 13 October 2003 of Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community and amending Council Directive 96/61/EC. Prime Minister i. Emsis Environment Minister r. vējonis annex Cabinet on august 3, 2004 Regulations No 661 Minister of environment r. vējonis